[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Pages 17757-17760]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1211. Mr. LUGAR (for Mr. Brownback (for himself and Mr. Kennedy)) 
submitted an amendment intended to be proposed to amendment SA 1147 
submitted by Mr. Brownback (for himself, Mr. Kennedy, Mr. Lautenberg, 
and Mr. Bingaman) and intended to be proposed to the amendment SA 1136 
by Mr. Lugar to the bill S. 925, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal year 2004 and for the Peace Corps for fiscal years 2004 through 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 214. ENHANCING REFUGEE RESETTLEMENT TO ENSURE NATIONAL 
                   SECURITY AND MAINTAIN THE UNITED STATES 
                   COMMITMENT TO REFUGEES.

       (a) Findings.--Congress finds the following:
       (1) The United States has a longstanding tradition of 
     providing refugee assistance and relief through the 
     Department of State's migration and refugee assistance 
     account for refugees throughout the world who have been 
     subjected to religious and other forms of persecution.
       (2) A strong refugee resettlement and assistance program is 
     a critical component of the United States' strong commitment 
     to freedom.
       (3) The United States refugee admissions program has been 
     in decline for much of the last 5 years, resulting in a 
     chronic inability of the United States to meet the ceiling on 
     refugee admissions that has been set by the President each 
     year.
       (4) Refugee applicants have always undergone rigorous 
     security screenings. The September 11, 2001, terrorist 
     attacks on the United States have rightfully increased the 
     awareness of the need to ensure that all aliens seeking 
     admission to the United States would not endanger the United 
     States. In order to ensure that the refugee admissions 
     program remains available in a timely way to deserving and 
     qualified refugee applicants, all personnel involved in 
     screening such applicants should closely coordinate their 
     work in order to ensure both the timely and complete 
     screening of such applicants.
       (5) Private voluntary agencies have and continue to provide 
     valuable information to State Department officials for 
     refugee processing, and along with Embassy personnel, can be 
     utilized to assist in the preliminary screening of refugees 
     so that State Department officials can focus to a greater 
     extent on security.
       (6) In order to meet the ceiling set by the Administration, 
     which has been 70,000 refugees in recent years, a broader 
     cross-section of the world's 15,000,000 refugees could be 
     considered for resettlement in the United States if the 
     Department of State were to expand existing refugee 
     processing priority categories in a reasonable and 
     responsible manner. Expansion of refugee selection should 
     include the expanded use of both the existing category 
     reserved for refugees of special interest to the United 
     States as well as the existing categories reserved for family 
     reunification.
       (b) Purpose.--It is the purpose of this section to provide 
     the Department of State with tools to enable it to carry out 
     its responsibilities with greater efficiency with respect to 
     the identification and processing of refugee applicants.
       (c) Sense of Congress Concerning Annual Admission of 
     Refugees.--It is the sense of Congress that--
       (1) efforts of the Department of State to admit 70,000 
     refugees, as allocated through presidential determinations, 
     for fiscal year 2003 are strongly supported and recommended; 
     and
       (2) the Administration should seek to admit at least 90,000 
     refugees in fiscal year 2004 and at least 100,000 in fiscal 
     year 2005.
       (d) Refugee Security Coordinator.--
       (1) Establishment.--In order to further enhance overseas 
     security screening of the

[[Page 17758]]

     United States Refugee Resettlement Program, there shall be 
     within the Bureau of Population, Refugees, and Migration, a 
     Refugee Security Coordinator who shall report to the 
     Assistant Secretary of State for Population, Refugees, and 
     Migration.
       (2) Responsibilities.--The Refugee Security Coordinator 
     referred to in paragraph (1) shall be responsible for--
       (A) ensuring that applicants for admission to the United 
     States undergo a security review;
       (B) ensuring that, to the greatest extent practicable, such 
     security reviews are completed within 45 days of the 
     submission of the information necessary to conduct such a 
     review;
       (C) providing appropriate officials in the Department of 
     Justice and the Department of Homeland Security pertinent 
     information for conducting security reviews for applicants; 
     and
       (D) making recommendations on procedural and personnel 
     changes and levels of appropriations that the Refugee 
     Security Coordinator considers appropriate for the various 
     agencies of government involved in conducting security 
     reviews for refugee applicants in order to ensure that such 
     reviews are complete and accurate, protect the security of 
     the United States, and are completed in a timely manner.
       (3) Authority.--In carrying out the responsibilities set 
     forth in paragraph (2), the Refugee Security Coordinator 
     shall have full authority to work with the various agencies 
     of government to ensure that security reviews are conducted 
     in a complete and timely manner, including authority to 
     inquire about and recommend and inform the appropriate 
     agencies on any particular application with emphasis on 
     emergency protection cases for the purpose of seeking 
     expedited processing.
       (e) Use of Nongovernmental Organizations in Referral of 
     Refugees.--
       (1) Private voluntary organization referrals.--The 
     Secretary of State shall develop and utilize partnerships 
     with private voluntary agencies that permit such agencies to 
     assist in the identification and referral of refugees, 
     through the creation of networks of field-based 
     nongovernmental organizations with immediate and direct 
     knowledge of refugees in need of a durable solution.
       (2) Use of voluntary agencies in overseas refugee 
     processing.--In processing refugees for admission to the 
     United States, the Department of State shall utilize private 
     voluntary agencies.
       (3) Refugee response teams.--
       (A) Establishment.--In order to make the processing of 
     refugees more efficient and effective, enhance the quality of 
     refugee resettlement programs, and to augment the capacity of 
     the United States Government to identify, process, assist, 
     and counsel individuals for eventual adjudication by the 
     Department of Homeland Security as refugees, the Secretary of 
     State shall establish and utilize the services of Refugee 
     Response Teams (in this section referred to as ``RRTs''). 
     RRTs shall be coordinated by the Assistant Secretary of State 
     for Population, Refugees, and Migration, or the Assistant 
     Secretary's designee, and work with the Refugee Security 
     Coordinator.
       (B) Responsibilities of the rrts.--RRTs shall be 
     responsible for--
       (i) monitoring refugee situations, with a view toward 
     identifying those refugees whose best durable solution is 
     third country resettlement;
       (ii) preparing profiles and documentation for resettlement 
     consideration by the United States Government;
       (iii) augmenting or establishing an overseas operation, 
     especially in response to urgent developments requiring quick 
     responses or more staff resources than are available in the 
     existing processing entities;
       (iv) assisting with training and technical assistance to 
     existing international organizations and other processing 
     entities; and
       (v) such other responsibilities as may be determined by the 
     Secretary of State.
       (C) Responsibilities of the secretary.--The Secretary of 
     State shall establish appropriate training seminars for RRT 
     personnel and make use of RRTs in situations where existing 
     mechanisms are unable to identify and process refugees in a 
     timely manner.
       (f) Performance Standards.--In consultation with private 
     voluntary organizations, the Secretary of State shall 
     establish performance standards to ensure accountability and 
     effectiveness in the tasks carried out in subsection (e).
       (g) Consideration of Various Groups.--To ensure that there 
     is adequate planning across fiscal years and that both the 
     Department of State's planning and processing operations 
     result in adequate numbers of travel-ready refugees to 
     fulfill the admissions goals set forth in the determinations 
     on refugee admissions required by sections 207(a) and 207(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1157(a) and 
     (b)), the Secretary of State shall work to ensure that--
       (1) all refugees in special need, such as long-stayers in 
     first countries of asylum, unaccompanied refugee minors, 
     refugees outside of a traditional camp setting, and refugees 
     in women-headed households be given special attention for 
     resettlement processing;
       (2) attempts are made to expand processing of those 
     refugees of all nationalities who have close family ties to 
     citizens and residents in the United States, including 
     spouses, unmarried children, or parents of persons lawfully 
     admitted to the United States, regardless of their country of 
     nationality, country of habitual residence, or first country 
     of asylum, as well as grandparents, grandchildren, married 
     sons or daughters, or siblings of United States citizens or 
     other persons lawfully admitted to the United States;
       (3) attempts are made to expand the number of refugees 
     considered who are of special concern to the United States;
       (4) individuals otherwise eligible for access to the United 
     States refugee admissions program seeking admission to the 
     United States as refugees are not excluded from being 
     interviewed because of such individual's country of 
     nationality, country of habitual residence, or first country 
     of asylum; and
       (5) expanded access is provided to broader categories of 
     refugees seeking admission to the United States, thus 
     reducing instances of relationship-based misrepresentation by 
     persons who are bona fide refugees but who resort to such 
     misrepresentation merely as a way to be interviewed for 
     refugee status.
       (h) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall submit a 
     report to Congress that includes information concerning the 
     following:
       (1) Efforts of the Refugee Security Coordinator in assuming 
     the responsibilities set forth in subsection (d) that 
     includes--
       (A) a description of the process involved in conducting 
     security reviews for refugee applicants;
       (B) a listing of the various agencies of the Federal 
     Government that are involved in conducting security reviews 
     for refugee applicants;
       (C) a listing for each agency described in accordance with 
     subparagraph (B) of the number of personnel involved in 
     conducting security reviews for refugee applicants;
       (D) a listing for each agency described in accordance with 
     subparagraph (B) of the amount of funding in the previous 
     fiscal year for conducting security reviews for refugee 
     applicants;
       (E) the average amount of time that it takes to conduct 
     security reviews for refugee applicants; and
       (F) a plan on how the Refugee Security Coordinator will 
     fulfill the responsibilities set forth in paragraphs (1), 
     (2), and (3) of subsection (d).
       (2) Efforts of the Secretary to utilize private voluntary 
     organizations in refugee identification, utilize private 
     voluntary agencies in processing refugees, and an explanation 
     of the rationale for not using such organizations and 
     agencies in situations where the Secretary of State has made 
     such a determination.
       (3) Efforts of the Secretary of State implement performance 
     standards and measures are described in subsection (f) and 
     the success of private voluntary organizations in meeting 
     such standards.
       (4) Efforts of the Secretary of State to expand 
     consideration of various groups for refugee processing as 
     described in subsection (g).
       (5) Efforts to ensure that there is planning across fiscal 
     years so as to fulfill the refugee admissions goals set forth 
     by the President in the President's annual presidential 
     determinations on refugee admissions, including efforts to 
     reach at least 70,000 admissions in fiscal year 2003, 90,000 
     in fiscal year 2004, and 100,000 in fiscal year 2005 as 
     recommended by Congress.
                                 ______
                                 
  SA 1212. Mr. LUGAR (for Mr. Frist) submitted an amendment intended to 
be proposed by Mr. Lugar to the bill S. 925, to authorize 
appropriations for the Department of State and international 
broadcasting activities for fiscal year 2004 and for the Peace Corps 
for fiscal years 2004 through 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 815. VISA WAIVER PROGRAM.

       (a) In General.--Section 217(c)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(c)(1)) is amended by adding at 
     the end the following: ``Poland shall be designated as a 
     program country under this subsection.''.
       (b) Effective Date.--The amendment made in subsection (a) 
     shall take effect 60 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 1213. Mr. LUGAR (for Mr. Edwards (for himself, Ms. Collins, Mr. 
Reed, and Mr. Roberts)) submitted an amendment intended to be proposed 
by Mr. Lugar to the bill S. 925, to authorize appropriations for the 
Department of State and international broadcasting activities for 
fiscal year 2004 and for the Peace Corps for fiscal years 2004 through 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       Following the end of title IX, insert the following new 
     title:

[[Page 17759]]



                   TITLE X--RECONSTRUCTION ASSISTANCE

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Winning the Peace Act of 
     2003''.

     SEC. 1002. FINDINGS.

       Congress makes the following findings:
       (1) President George W. Bush has stated that the United 
     States security strategy takes into account the fact that 
     ``America is now threatened less by conquering states than we 
     are by failing ones''.
       (2) Failed states can provide safe haven for a diverse 
     array of transnational threats, including terrorist networks, 
     militia and warlords, global organized crime, and narcotics 
     traffickers who threaten the security of the United States 
     and the allies of the United States.
       (3) The inability of the authorities in a failed state to 
     provide basic services can create or contribute to 
     humanitarian emergencies.
       (4) It is in the interest of the United States and the 
     international community to bring conflict and humanitarian 
     emergencies stemming from failed states to a lasting and 
     sustainable close.
       (5) Since the end of the Cold War, United States military, 
     diplomatic, and humanitarian personnel have been engaged in 
     major post-conflict reconstruction efforts in such places as 
     Iraq, Bosnia, Kosovo, Somalia, Haiti, Rwanda, East Timor, and 
     Afghanistan.
       (6) Assisting failed states in emerging from violent 
     conflict is a complex and long-term task, as demonstrated by 
     the experience that 50 percent of such states emerging from 
     conditions of violent conflict slip back into violence within 
     5 years.
       (7) In 2003, the bipartisan Commission on Post-Conflict 
     Reconstruction created by the Center for Strategic and 
     International Studies and the Association of the United 
     States Army, released a report explaining that ``United 
     States security and development agencies still reflect their 
     Cold War heritage. The kinds of complex crises and the 
     challenge of failed states encountered in recent years do not 
     line up with these outdated governmental mechanisms. If 
     regional stability is to be maintained, economic development 
     advanced, lives saved, and transnational threats reduced, the 
     United States and the international community must develop a 
     strategy and enhance capacity for pursuing post-conflict 
     reconstruction.''.

     SEC. 1003. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Director.--The term ``Director'' means a Director of 
     Reconstruction for a country or region designated by the 
     President under section 1004.
       (3) Reconstruction services.--The term ``reconstruction 
     services'' means activities related to rebuilding, reforming, 
     or establishing the infrastructure processes or institutions 
     of a country that has been affected by an armed conflict, 
     including services related to--
       (A) security and public safety, including--
       (i) disarmament, demobilization, and reintegration of 
     combatants;
       (ii) training and equipping civilian police force; and
       (iii) training and equipping of national armed forces;
       (B) justice, including--
       (i) developing rule of law and legal, judicial, and 
     correctional institutions;
       (ii) preventing human rights violations;
       (iii) bringing war criminals to justice;
       (iv) supporting national reconciliation processes; and
       (v) clarifying property rights;
       (C) governance, including--
       (i) reforming or developing civil administration and other 
     government institutions;
       (ii) restoring performance of basic civil functions, such 
     as schools, health clinics, and hospitals; and
       (iii) establishing processes of governance and 
     participation; and
       (D) economic and social well-being, including--
       (i) providing humanitarian assistance;
       (ii) constructing or repairing infrastructure;
       (iii) developing national economic institutions and 
     activities, such as a banking system; and
       (iv) encouraging wise stewardship of natural resources for 
     the benefit of the citizens of such country.

     SEC. 1004. DIRECTOR OF RECONSTRUCTION POSITIONS.

       (a) Authorization of Positions.--The President is 
     authorized to designate a civilian, who shall report to the 
     President through the Secretary of State, as the Director of 
     Reconstruction for each country or region in which--
       (1) units of the United States Armed Forces have engaged in 
     significant military operations; or
       (2) as a result of armed conflict, the country or region 
     will receive reconstruction services from the United States 
     Government.
       (b) Authority To Provide Reconstruction Services.--The 
     President is authorized to provide reconstruction services 
     for any country or region for which a Director has been 
     designated under subsection (a).
       (c) Duties.--A Director who is designated for a country or 
     region under subsection (a) shall provide oversight, planning 
     and coordination of, have decision making authority for, and 
     consult with Congress regarding, all activities of the United 
     States Government that are related to providing 
     reconstruction services in such country or region, including 
     implementing complex, multidisciplinary post-conflict 
     reconstruction programs in such country or region and a 
     transition to long-term development funded by the United 
     States Government.
       (d) Coordination.--A Director shall coordinate with the 
     representatives of the country or region where the Director 
     is overseeing and coordinating the provision of 
     reconstruction services, and any foreign government, 
     multilateral organization, or nongovernmental organization 
     that is providing services to such country or region--
       (1) to avoid providing reconstruction services that 
     duplicate any such services that are being provided by a 
     person or government other than the United States Government;
       (2) to capitalize on civil administration systems and 
     capabilities available from such person or government; and
       (3) to utilize individuals or entities with expertise in 
     providing reconstruction services that are available through 
     such other person or government.
       (e) Support Services.--The Secretary and the Administrator 
     are authorized to provide support, including administrative 
     services, to each Director designated under subsection (a).

     SEC. 1005. POST-CONFLICT RECONSTRUCTION PREPAREDNESS.

       (a) In General.--The Administrator shall develop the 
     capacity within the United States Agency for International 
     Development to--
       (1) develop and maintain a database of individuals or 
     entities that possess expertise in providing reconstruction 
     services on an ongoing basis; and
       (2) provide support for mobilizing such individuals and 
     entities to provide a country or region with services 
     applying such expertise when requested by the Director for 
     such country or region.
       (b) Experts.--The individuals or entities referred to in 
     subsection (a) may include employees or agencies of the 
     Federal Government, any other government, or any other 
     person, including former Peace Corps volunteers or civilians 
     located in the affected country or region.

     SEC. 1006. SENSE OF CONGRESS REGARDING INTEGRATED SECURITY 
                   SUPPORT COMPONENT.

       (a) Creation of an Integrated Security Support Component of 
     NATO.--It is the sense of Congress that consistent with the 
     refusal to create a response force within the North Atlantic 
     Treaty Organization--
       (1) the Secretary and the Secretary of Defense should 
     consider presenting to the North Atlantic Council a proposal 
     to establish an Integrated Security Support Component to 
     train and equip selected units within the North Atlantic 
     Treaty Organization to assist in providing security in 
     countries or regions that require reconstruction services; 
     and
       (2) if such a Component is established, the President 
     should consider committing United States personnel to 
     participate in such Component, after appropriate consultation 
     with Congress.
       (b) Participation in an Integrated Support Component.--
       (1) In general.--If the North Atlantic Council establishes 
     an Integrated Security Support Component, as described in 
     subsection (a), the President may commit United States 
     personnel to participate in such Component, after appropriate 
     consultation with Congress.
       (2) Capabilities.--The units composed of United States 
     personnel participating in such Component should be capable 
     of--
       (A) providing for security of a civilian population, 
     including serving as a police force; and
       (B) providing for the performance of public functions and 
     the execution of security tasks such as control of 
     belligerent groups and crowds, apprehending targeted persons 
     or groups, performing anti-corruption tasks, and supporting 
     police investigations.

     SEC. 1007. TRAINING CENTER FOR POST-CONFLICT RECONSTRUCTION 
                   OPERATIONS.

       (a) Establishment.--The Secretary should establish an 
     interagency Training Center for Post-Conflict Reconstruction 
     Operations for the purposes described in subsection (b) 
     either--
       (1) under the auspices of the National Foreign Affairs 
     Training Center; or
       (2) by directing the Administrator to establish such a 
     center under the United States Agency for International 
     Development.
       (b) Purposes.--The purposes of the Training Center 
     authorized by subsection (a) shall be to--
       (1) train interagency personnel in assessment, strategy 
     development, planning, and coordination related to providing 
     reconstruction services;
       (2) develop and certify experts in fields related to 
     reconstruction services who could be

[[Page 17760]]

     called to participate in operations in countries or regions 
     that require such services;
       (3) provide training to individuals who will provide 
     reconstruction services in a country or region;
       (4) develop rapidly deployable training packages for use in 
     countries or regions in need of reconstruction services; and
       (5) conduct reviews of operations that provide 
     reconstruction services for the purpose of--
       (A) improving subsequent operations to provide such 
     services; and
       (B) developing appropriate training and education programs 
     for individuals who will provide such services.

     SEC. 1008. REPORTS TO CONGRESS.

       Not later than 180 days after the date of the enactment of 
     this Act, the President shall submit to Congress a report on 
     the actions planned to be taken to carry out the provisions 
     of this title.
                                 ______
                                 
  SA 1214. Mr. LUGAR (for Ms. Murkowski (for herself and Ms. Landrieu)) 
submitted an amendment intended to be proposed by Mr. Lugar to the bill 
S. 925, to authorize appropriations for the Department of State and 
international broadcasting activities for fiscal year 2004 and for the 
Peace Corps for fiscal years 2004 through 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC.   . SENSE OF CONGRESS ON THE ESTABLISHMENT OF AN OIL 
                   RESERVE FUND FOR IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) Coalition forces have liberated the Iraqi people from 
     the tyranny of Saddam Hussein and his regime.
       (2) The vast mineral resources, including oil, of Iraq 
     could contribute to the present and future generations of 
     Iraqis.
       (3) Iraq has one of the largest known petroleum reserves in 
     the world, and those reserves could be used to foster 
     economic development and democratization in Iraq.
       (4) Very little of the potential of the oil sector in Iraq 
     has actually been harnessed.
       (5) Revenue estimates Iraqi oil exports indicate that 
     reconstruction costs will greatly exceed revenues in the near 
     term, however, a recapitalized Iraqi oil sector will 
     eventually serve as a vital source of national wealth.
       (6) Under Saddam Hussein's regime, the proceeds from those 
     resources were used to build palaces, enrich the members of 
     the Republican Guard, oppress the Iraqi people, and stifle 
     their desires for a democratic government.
       (7) As many of the nations of the Persian Gulf demonstrate, 
     possession of large petroleum reserves alone does not ensure 
     economic development or democratization.
       (8) The development of a vibrant democracy requires a 
     strong middle class, a free press, and free and fair 
     elections.
       (9) The future Government of Iraq will face a variety of 
     reconstruction challenges ranging from restoring 
     infrastructure to providing basic human services like 
     education and healthcare.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of Energy should develop a proposal for 
     the establishment of an oil reserve fund for Iraq and submit 
     the proposal to appropriate representatives of the Iraqi 
     people, and the Coalition Provisional Authority for 
     consideration;
       (2) the proposal should take proper account of the need of 
     Iraq for funding of reconstruction, meeting its international 
     financial obligations, and providing essential human services 
     such as education and health care;
       (3) the fund could be called the Iraqi Freedom Fund and 
     could be based on models such as the Alaska Permanent Fund, 
     as well as other appropriate models; which are managed on a 
     for-profit basis to produce additional revenues; and allow a 
     portion of the annual earnings of the fund to be distributed 
     to the Iraqi people as direct payments, or through programs 
     designed to promote the establishment of a permanent middle 
     class, with the remainder of the fund to be capitalized to 
     allow the fund to grow for future generations; and
       (4) the goal of the fund would be to encourage maximum 
     participation by the people of Iraq in the operation of their 
     government, to promote the proper use of the natural 
     resources of Iraq, and to ensure that the Iraqi people 
     benefit from the development of the natural resources of 
     Iraq.
       (5) Control and decision making over Iraq's natural 
     resources properly belongs to the people of Iraq. This fund 
     should promote the twin policy goals of a more democratic 
     Iraq, and a more equal distribution of Iraq's wealth to all 
     of her citizens.

                          ____________________